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Clean, Restoration, Pick Up, Store & Deliver


Iowa, United States
Government : Military
RFQ
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1. This is a combined synopsis/solicitation for commercial services in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
2. This solicitation is for a firm fixed price for restoration services post fire at the USDA APHIS PPQ & WS Office in Portland Oregon. Quoted price shall include all costs necessary to supply, ship (FOB), and comply with all services requested within the "Scope of Work" (SOW) as an invitation for quotation (RFQ).
3. This solicitation document has incorporated provisions and clauses that are in effect through Federal Acquisition Circular FAR FAC 2005-97 January 24, 2018.

4. This solicitation has been set-aside and the associated NAICS code 238990 and small business size standard 500 employees. Product Service Code 9520.
5. Services Requested: To Clean, Restore, Pack, Store and deliver items to new office when secured. Plan on storage monthly


6. Point of Contact for Technical Information and Delivery:
USDA, APHIS, PPQ USDA, APHIS, WS
Attn: Cynthia Ross Attn: Kevin Christiansen
6135 NE 80th Ave 6135 NE 80th Ave
Suites A-5,A-6,A-8 Suites A-5,A-6,A-8
Portland, OR 97218 Portland, OR 97218

7. The Government will award a contract resulting from this solicitation to the responsible firm(s) that can meet all specification and provide the lowest priced quote. A quote that provides pricing for all services as specified in the Statement of Work will be considered technically acceptable.
8. Interested vendors shall submit the completed pricing and the confirmation with a completed copy of the provision FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items with offer.
9. FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause.
10. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.


11. Requested due date for completion will be pending on all materials availability.
12. ANY QUESTIONS PERTAINING TO THIS Request for Quotes (RFQ) SHALL BE DIRECTED TO TOM WESLEY, BY EMAIL TO thomas.j.wesley@aphis.usda.gov no later than 2 days before quotes are due. Questions will be addressed and posted on FBO for all to review. RFQ return date Friday 28th May 2019, 3:30 P.M. CST. No late submissions will be accepted.
14. Because the synopsis and solicitation are contained in a single document, it is not necessary to publicize a separate synopsis 15 days before the issuance of the solicitation.
15. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO TOM WESLEY before the time specified on the solicitation. Send quotes to: thomas.j.wesley@aphis.usda.gov


 


 


 


 


 


 



1. TYPE CONTRACT:
A Firm Fixed Price (FFP) contract vehicle will be used for securing a Service Contract for the cleaning, disinfecting, disposal of furniture and incidentals marked to be disposed of due to the aggregate worth is less than the cost of replacing it. Materials and furniture identified to be clean, fumigated and restored to workable condition as listed in the Scope of Work.
2. STATEMENT OF WORK:


Areas are identified as to which Department Branch is the owner: Quotes shall be separated by section to ensure correct invoicing and payments. Plants Protection Quarantine (PPQ) and the other Wildlife Services (WS). A spread sheet will be given to the awarded vendor which has all registered equipment and serial numbers for verification.
INTERIOR
Reception Area A-5, PPQ
Clean/Sanitize/Restore/Dispose
Wood workstation with hutch
(2) Two drawer lateral file units (wood)
4 boxes Customers files and PICIT copies
Dell desktop computer (See Spread sheet)
Dell Printer C3765dnf
Dell 22 inch monitor
Wall mounted Security Monitor
6 wall paintings.
Brothers Label Maker SN#U60002-L2J830790
Sad light
AED
Cisco telephone and side car
Mosley Safe 2 drawer Metal
Fire king 4 drawer Metal
Security door monitor AIRPHONE Jo -1FD
1 Herman Miller Chair
Brother Intellifax 4100e


Export Officer PPQ
Clean/Sanitize/Restore/Dispose
Standing workstation
22 inch Monitors(2) See Spreadsheet
Cisco Phone See Spreadsheet
Fabric l-shape workstation cubicle.
1 personal storage lower 2 drawers upper space for hanging items
Metal bookcase 4 shelf
1 Herman Miller Chair
Kitchen PPQ
Clean/Sanitize/Restore/Dispose
Kenmore Refrigerator/Freezer 25373092300
Whirlpool Freezer (Holds specimens ) WZF79R200W00
Microwave
Toaster Disposal
Jack's Office PPQ
Cisco phone (see spreadsheet)
1 Herman Miller chair
2 Computer Monitors (See Spreadsheet)
1 L shape cubicle
5 boxes of files 1 small wood table
1 2 drawer locking lateral file cabinet.
Desk Light
10 boxes lab supplies
Shredder (See Spreadsheet)


 


 



Lab A-5 PPQ
Clean/Sanitize/Restore/Dispose
(3) wooden bookshelves
approximately 150 books
Nikon Microscope (RPI) (See spreadsheet)
15 " Microscope (domestic)
Leica Galen 111 Microscope
Microscope (small)
Lynx Dynascope Microscope DP11N
Nikon SMZ18 Microscope
Sieve Shaker TSS31C
32 inch Flat screen TV Sony (See spreadsheet)
(2) specimen cabinets
Wall mounted specimens holders wood (2)
Specimen jars approximately (50)
Plastic work tables (5) (not salvageable) Disposal
Faxtron X-ray MX-20
Foto Ligh 20
Nikon Eclipse Ni
Nikon Eclipse 80i (RPI)
Lumina Light FO-150 (RPI)
Nikon Digital Light Monitor DSL3
High Intensity LED Illuminator 83359 Nii-LED
Olympus Control Box
Dell 9020 Desktop Computer (See spreadsheet)
Herman Miller Chair
Monitor (See spreadsheet


 


 



SPHD Office PPQ
Clean/Sanitize/Restore/Dispose
workstation non-cubicle (wood)
storage cabinet 2 door (wood)
Book shelves 5 shelves (2)
small round wood table
2 drawer file cabinet wood
22 inch Monitors (2) (See Spreadsheet)
Standing work station attachment (Standalone)
Cisco Phone
Oregon State Vinyl map
1 11x14 picture
Mounted white board
1 Herman Miller chair.
2 faux leather chairs


 


 


Administrative Office PPQ
Clean/Sanitize/Restore/Dispose
U shape desk and hutch (wood)
Bookcase 3 shelves(wood)
5 drawer locking horizontal file cabinet metal
Security monitor desk AIRPHONE-Jo-1MD
Shredder Swing line EX-100-07
22 inch Dell Monitor (See spreadsheet)
Cisco phone
Round wood table
2 vinyl chairs
Rubber boots
Herman Miller Chair


Mailroom A-5 PPQ
Clean/Sanitize/Restore/Dispose
5 drawer locking horizontal file cabinet (Dispose)
(1) metal storage cabinet 4 shelves
(3) wood tables
1 small wood table
Mail sorter metal
Shredder SPL-TMC10A
Deodorize boxes of copy paper (4)
3 paper hole punch
Paper cutter Premier
Falcon Paper Cutter
Binding Machine
Cisco phone new in box


Officers Area A-5 PPQ
Clean/Sanitize/Restore/Dispose
Conference room table
(5) workstation cubes 6x10
(4) personnel storage cabinets 2 file drawers top hold hanging items
Cisco Phones (3)
22 inch Monitors (3) See Spreadsheet
Shredder (SPL-TMC12A)
Fumiscope and case
Fumiscope in wooden crate
Fumiscope supplies
4 Large Pictures and wood frames
Metal bookshelf 2 shelfs (2)
Metal bookcase with 3 shelfs (2)
1 leather chair
2 Herman Miller Chairs



Hallway PPQ
Clean/Sanitize/Restore/Dispose
(3) 5 drawer locking file cabinets
(6) 5 drawer locking horizontal file cabinets (excess)
Metal Chemical Storage Cabinet
Dispose L shape work station wood (damaged)
Monitor (See Spreadsheet)
Wood bookshelves (2) 5 shelf
Wall Lockers Metal (4)
10 drawers of Files treat and deodorize


Kitchen PPQ
Clean/Sanitize/Restore/Dispose
Whirlpool Refrigerator
Freezer (Holds specimens)
Microwave
Toaster
Mr. Coffee Pot (disposal)


Domestic Officers Area PPQ
Clean/Sanitize/Restore/Dispose
(4) Workstations 6x8 fabric
6 Monitors (See Spreadsheet)
4 Cisco phones
2 Herman miller chairs
1 desk chair
Standing workstation
White board with cabinet mounted


 


Storage Room PPQ
Clean/Restore/Sanitize/Dispose
Metal storage shelves (12)
Metal 5 drawer horizontal lock cabinets
Metal 2 door cabinets (5)
15 file drawers of archive files
Freezer chest
Phytosanitary paper (6 boxes)
Outreach materials (6 boxes)
Epson Projector EMP-835
Overhead projector
EAB traps (purple in boxes) no cleaning needed
Aircraft


Equipment (Misc.) PPQ
Clean/Sanitize/Restore
Cameras (5) (See Spreadsheet)
Binoculars (6) Nikon Action 7.15x35 (See Spreadsheet)
IPad (2) 32 GB Silver See Spreadsheet
Keyboards (14)
Speakers Computer(8)
Docking station (10)
GIS Map Plotter
Bulletin Boards 36x48
Bulletin Board 16x22
White Board 36x48
Whte Board 40x50
White Board 48x48
Pencil Sharpener Model 17
Postage Scale 2500i
Monitor extension Arms (6)
Scotch laminator TL902
Tahsin Book Binder 210PB
Lexmark IBM Wheel writer 1500 (Disposal)
IBM Wheel writer 6789 (Disposal)
Shop Vac- Ridge Wet/Dry WD09500
Server Room. PPQ
Clean/Sanitize/Restore/Dispose
Multiple components for Server
Suite A6 PPQ
Conference Room
Clean/Sanitize/Restore/Dispose
Chairs mesh with plastic arms (16)
Laminated rectangle tables (6)
TV cabinet with storage (wood) Damaged (Disposal)
Laminate 2 drawer with 4 door cabinets under (1)
Plastic table (2) Disposal
Projection screen (2) with case Disposal
tripod support for large notepads (2)
Large paper notepads (3)
Sharp carousel Microwave
Kenmore Refrigerator/Freezer 9759713 (Disposal)
Sylvania TV/VHS Combo 6727DD (Disposal)
Cisco phone (See spreadsheet)
BRS Office PPQ
Clean/ sanitize/Restore
Wood desk with Laminate top
Wood Coat rack
Arron Miller chair plastic arm/ fabric
Box office supplies
1 desk organizer
2 wood locking lateral file cabinets
Wood 2 shelf bookcase
7 camp chairs
5 gallon shop vacuum
2 coolers large


 



A-8 Office Wildlife Services (WS)
Paper files will need to be cleaned / deodorized. If not cleanable / deodorized they will need to be copied or scanned.
Front Office space
Clean / sanitize / restore:
Workstation with hutch
2nd Workstation with hutch
Cisco VOIP phone
Cisco VOIP phone
Laptop
Single Monitor
2 monitor vertical support stand
Sit/ Stand table top desk w/ dual monitor arms and monitors
computer docking station
2nd computer docking station
2 desk chairs
free standing table
files and folders on desk tops
Hallway space FRONT WS
Clean / sanitize / restore:
5 drawer horizontal file folder locking cabinet
2 drawer horizontal file folder locking cabinet
2 drawer horizontal file folder fire proof cabinet
rolling step stool
large cork board for posting papers
3 level wide bookshelf, metal cream/beige
5 level wood bookshelf
4 level metal stackable bookshelf with flap doors
5 drawer metal locking file cabinet
3 level metal bookshelf with sliding doors
Metal coat rack
HP printer LaserJet CP5525
Copy / Mail Room WS
Clean / sanitize / restore: paper / form organizer shelf
Metal storage cabinet
Small flammable storage cabinet
free standing table
free standing table
mail organizer rack
Cisco VOIP phone
Neopost mail scale
Neopost mail meter
paper shredder
Copy machine
large/ deep stack stapler
electric auto stapler
normal stapler
6 5-drawer locking file cabinets
paper cutter
3 hole paper punch
2 hole paper punch
laminator
paper spiral binder
State Director's Office WS
Clean / sanitize / restore:
2 tall wood 5 shelf book shelf
1 3 shelf bookshelf metal
4 2-drawer locking file cabinet
1 5-drawer locking file cabinet
Wood managers desk glass top
Sit/ stand electric adjustable desk
Wood managers printer desk
Credenza
4 rolling computer chairs
Monitor
computer docking station
Cisco VOIP phone
Jr. Budget Analyst Office WS
Clean / sanitize / restore:
under desk locking 3 drawer file cabinet wood and cream
under desk locking 3 drawer file cabinet metal
Sit/ stand adjustable electric desk
fixed free standing desk
Ergonomic Chair
rubber floor anti-fatigue mat
2 monitor vertical support stand
Monitor 22"
Monitor 22"
Adjustable desk LED light
Cisco VOIP phone
computer speakers
Laptop
computer docking station
3 level bookshelf, black
4 level fireproof file folder cabinet, cream
2 drawer lockable filing cabinet
Sr. Budget Analyst Office WS
Clean / sanitize / restore:
Fixed desk
Adjustable sit/stand L-shaped desk
Monitor 24"
Monitor 24"
laptop
computer docking station
2 monitor vertical support stand
Cisco VOIP phone
3 level wide bookshelf, metal black
3 level wide bookshelf, metal black
4 level wood bookshelf
5 drawer horizontal file folder locking cabinet
Ergonomic Chair
Microsoft ergo keyboard and 10 key
2 hole paper punch
3 hole paper punch
stapler
tape dispenser
adjustable desk light
computer speakers
metal trash can
Hall Closest WS
Clean / sanitize / restore:
Folding ladder
4 outreach display boards
large white marker board
spare server lockable metal containers
various large roll maps
tripod support for large notepads
3 old portable heaters
5 boxes of old slide reals and slides
Bathroom 2 WS


Clean / sanitize / restore:
Metal uniform closet
Large firearm safe
Bathroom 1 WS


Clean / sanitize / restore:


old roller computer station
cold water dry suit/work suit
cold water dry suit/work suit



Breakroom WS
Clean / sanitize / restore:


free standing small table
large conference table & 6 chairs
4 large cork boards for displaying papers
1 large white marker board


IT / Server / Security room WS


Clean / sanitize / restore:


Long L shape work station desk
Plotter printer
Short 3 level book shelf
Large shelf organizer
Free standing table
Sit/ Stand table top desk
under desk locking 3 drawer file cabinet
Projector & hard case
Projector & soft case
Monitor 24"
Monitor 24"
Link Pass Authentication card reader and fingerprint scanner
Cisco VOIP phone
Internet multi-port switch
desktop outreach display panel
Security panels
Security Video box and hard drive
Old v-security video monitor and drive
Old server - dead (pull hard drive
6 HP computer docking stations and accessories sent with new computers
MIS WID to organize maybe shred
4 old computer laptop cases
land line conference phone
several spare keyboards
spare power supplies
spare computer mouse
old digital cameras to dispose
various misc. computer cables in plastic totes
Old satellite phone
6 desktop USB speakers sets


 


Assistant State Director WS


Clean / sanitize / restore:


phone headset
computer speakers
Monitor 24"
Monitor 24"
vertical Monitor stand for both monitors
HP Docking Station
HP Z-book laptop
under desk locking 3 drawer file cabinet
Old adjustable workstation
Old metal desk with glass top
Old roller desk chair


 


 


 


 


 


 


Biologist WS


Clean / sanitize / restore:


Older metal desk, wood top
Ergonomic chair
2 monitor vertical support stand
Monitor 24"
Monitor 24"
laptop
LED desk light
Cisco VOIP phone
4 Drawer file cabinet
4 Drawer file cabinet
Old stackable bookshelf
Old metal 2 level bookshelf
Old end table stand
old 60's chair
old 60's chair


3. PLEASE NOTE: CONTRACTOR NEEDS TO FOLLOW ATTACHED CURRENT DEPARTMENT OF LABOR WAGE STANDARDS FOR EMPLOYEES. Current WDOL is attached.


4. Contractor Requirements:
The Contractor shall provide all personnel, equipment, and tools to perform services defined in this Statement of Work with the exception of those items and property identified as program/Government Furnished. All Contractor employees shall be provided a security badge which shall be worn at all times while at the facility.


5. Chemical Supplies.
The contractor will follow applicable safety requirements and OSHA Requirements for
the storage and use of hazardous substances on USDA properties.


6. Federal Requirements
a. All chemicals used will be those commercially available which meet Federal, state, and local codes.
b. The Contractor shall use green cleaning products made with bio-based materials and or recycled materials to the greatest extent possible.
c. Preference should be given to concentrated cleaning chemicals which use ecologically sound packaging and are phosphate-free, non-corrosive, non-flammable, and fully biodegradable.
d. The Contractor will take every precaution to ensure that only safe products are used. Information can be obtained from Federal, state, and local agencies concerning the safety of chemical cleaning materials.
e. Contractor will provide COR with Material Safety Data Sheets (MSDS) as specified in this contract and keep the sheets current for any product that is used in this contract.
f. The Contractor shall use paper products and trash can liners that meet the requirements as described above.
Examples of acceptable products may be found at:
http://pub.fss.gsa.gov/environ/clean prod catalog.html.
Definitions
Green Cleaning: A planned and organized approach to cleaning that is designed to protect the occupants' and workers' health, while at the same time reducing the impact on our environment. Green Cleaning affects all aspects of cleaning to include: stewardship; communication; the selection of cleaning chemicals, cleaning equipment, paper, and supplies; plus the procedures and methods in which the cleaning is accomplished, pollution prevention strategies, and other opportunities that when used reduce the impact when compared to traditional cleaning procedures and practices.
Environmentally Preferable: Means products or services that have a reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.


7. SECURITY REQUIREMENTS AND CONTRACTOR IDENTITY PROOFING, REGISTRATION, AND E-VERIFY PROCESS


a. The contract employee is responsible for safeguarding all government property provided for use. The contractor shall ensure that all card keys/keys issued are not lost or misplaced and are not used by unauthorized persons.


b. Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 12, 2010 - Common Identification Standard for Contractors and Departmental Regulation (DR) and Departmental Manual (DM) 4620-002. Copies of the DR and DM 4620-002 can be downloaded from the website at http://hspd12.usda.gov.
1. All applicable contractor employees requiring routine physical access to Federally-controlled facilities and/or routine access to Federally-controlled information systems must go through the identity proofing, registration, and e-verify process, and have a successful background investigation conducted by OPM. The level of investigation required is dependent on the duties and may require a low-risk non-sensitive National Agency Check with (Written) Inquiries, an Office of Personnel Management (OPM) Public Trust or an OPM National Security background investigation to serve on the contract. E-Verify is an electronic system which checks employee information obtained from the Employment Eligibility Verification form (I-9 form) against records maintained by both the Department of Homeland Security (DHS) and the Social Security Administration (SSA).
2. Contractor ID credentials will be issued after successful identity proofing of the contractor employee applicant and upon a successfully adjudicated background investigation.


c. SERVICES AND ON SITE CONTACT:
USDA, APHIS, PPQ USDA, APHIS, WS
Attn: Cynthia Ross Attn: Kevin Christiansen
6135 NE 80th Ave 6135 NE 80th Ave
Suites A-5,A-6,A-8 Suites A-5,A-6,A-8
Portland, OR 97218 Portland, OR 97218


 


 


 


 


 


 


 


d. GOVERNMENT CONTRACT CONTACT: Please contact only the government contact for questions regarding this solicitation/synopsis.


Tom Wesley
Contracting Officer, Minneapolis Business Site
USDA, APHIS, MRPBS, AAMD, Office of Contracting and Procurement (OCP)
250 Marquette Ave, Suite 410
Minneapolis, MN 55401
612-336-3209 wk
612-396-5814 cell
612-336-3550 (fax)
thomas.j.wesley@aphis.usda.gov


 


e. Awarded vendor will conduct a walk thru with a USDA APHIS Representative to identify what furniture pieces will be disposed of.


 


 


 


 


 


 


 


 


 


 



CLAUSES BY REFERENCE:


52.202-1 Definitions of Words and Terms Provisions and Clauses (Nov 2013)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)
52.212-4 Contract Terms and Conditions-Commercial Items (Jan 2017)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)


CLAUSES IN FULL TEXT
Clauses:
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:
https://www.acquisition.gov/?q=/browse/far/52
(End of clause)


52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)
(22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
_X__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
_X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
_X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
_X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
_X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)



452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed at: Either place delivery is being conducted.
(End of clause)
452.247-70 Delivery Location. Same as inspection and acceptance. (FEB 1988)


 


 


 


 


 



SOLICITATION PROVISIONS INCLDUED BY REFERENCE
52.204-16 - Commercial and Government Entity Code Reporting. (Jul 2016)
52.212-1 - Instructions to Offerors - Commercial Items (Jan 2017)


INCLUDED BY FULL TEXT


52.237-1 --Site Visit (Apr 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
(End of Provision)


52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
(End of Provision)


52.212-2 Evaluation-Commercial Items. (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
i) Technical: Lowest Price combined with the manufacturing meeting or exceeding build specifics are combined in accordance with FAR15.304, the relative importance of all other evaluation factors when combined.
ii) Past Performance: Will not be part of evaluation unless deemed unsafe.
iii) Price: As identified in (i).
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision-
"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Civil judgment" means-
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-
(1) Department of Labor Wage and Hour Division (WHD) for-
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for-
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for-
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"Forced or indentured child labor" means all work or service-
(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
"Labor laws" means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
"Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws".
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separa

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